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Gaganpreet Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 10 February 2011 · Citation: (2011) 02 P&H CK 0296

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 34, 379B
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M-2885 of 2011
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Judgment

5 paragraphs · 351 words

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 438 Cr.P.C. seeking pre-arrest bail to the Petitioner in case FIR No. 521 dated 24.12.2010, registered at Police Station Civil Lines, Amritsar, under Sections 379B and 34 IPC.

2.

Learned Counsel for the Petitioner has read the FIR wherein it is stated that a secret information was received by the police that one Manoj Sharma son of Kulwant Rai, Gurwinder alias Gopi son of Sham Sunder and Anuj Mehra have formed a gang and they snatched the mobile phones. It is further stated that on 20.12.2010, when they were playing a game of pool and snooker, then a mobile phone of a girl was snatched and lateron a sum of Rs. 5,000 was demanded from her. Learned Counsel for the Petitioner contends that Manoj Sharma was arrested and during interrogation he named the Petitioner. He further submits that the Petitioner has nothing to do with the alleged snatching of mobile phone. The Petitioner has got good academic credentials to his credit and was earlier posted as a Lecturer in a College. Now the Petitioner is posted as a Business Officer in M/s Omega Remedies Private Limited and in case he is arrested, his career will be ruined.

3.

I have given thoughtful consideration to the arguments advanced by learned Counsel for the Petitioner.

4.

This Court is of the view that for unearthing the crime, a free hand should be given to the Investigating Agency. Therefore, the police remand of the Petitioner is necessary. However, once the period of police remand of the Petitioner is over, his further detention may not be warranted. This fact may be considered by the concerned Court, while considering the regular bail application of the Petitioner. The trial Court, while granting regular bail application shall also give due consideration to the credentials of the Petitioner.

5.

In view of this, the present petition is dismissed. However, it is ordered that once the period of police remand of the Petitioner is over, his regular bail application shall be decided by the concerned Court on the same day.